mock trial

Definition of mock trial

Further reading

A Mock Trial is an act or imitation trial. It is similar to a moot court, but mock trials simulate lower-court trials, while moot court simulates appellate court hearings. Attorneys preparing for a real trial might use a mock trial consisting of volunteers as role players to test theories or experiment with each other. In a mock trial normal rules of court are often abbreviated in order to focus on particular parts of the trial. Mock Trial is also the name of an extracurricular program in which students participate in rehearsed trials to learn new skills and compete with each other. At some law schools, the term trial advocacy is used for the program. Various organizations, such as state bar associations, sponsor Mock Trial/trial advocacy competitions for middle school students, high school students, college students, and law students.

Interscholastic mock trials take place on three levels. High-school competitive mock trial has an annual national competition governed by National Mock Trial Championship, Inc. and the Constitutional Rights Foundation. The competition on the college circuit is governed by the American Mock Trial Association. The college circuit also has an online forum at Perjuries Mock Trial AMTA Forum. Finally, there is mock trial/trial advocacy at the Law School level such as the National Trial Competition hosted by the Texas Young Lawyers Association and the American College of Trial Lawyers.

Procedure

The mock trial begins with the judge entering the courtroom. The judge then gives out the instructions to the jury (about what they are to listen to). The judge then lets the prosecution or plaintiff give an opening statement followed by the opening statement of the defense. After the opening statements, examination of the witnesses begins. The prosecution/plaintiff calls their witnesses first. A student competitor attorney for the prosecution/plaintiff does a direct examination of the witness. Once the direct examination is complete, the opposing team may cross-examine the witness. After the cross-examination, if the first team chooses, they may redirect the witness and, likewise, the other team may do a re-cross after this. This process is repeated for the two remaining plaintiff witnesses. Once the prosecution/plaintiff has finished with their witnesses, the process is repeated with the defense witnesses, having the defense attorneys direct and the plaintiff attorneys cross-examine.

Once all of the witnesses have been examined, the trial moves to closing arguments. The prosecutor/plaintiff again goes first. After the defense finishes their closing argument, the plaintiff may give a rebuttal argument if they still have time remaining. In some competitions, the rebuttal is limited to the scope of the defense's closing argument. Time limits are set at each level of competition to prevent the trials from running too long and to keep rounds of competition running smoothly.